EB-2 NIW Appeals: Fashion & Design

Last updated 2026-09-02

The AAO dismissed 94.3% of EB-2 NIW appeals from Fashion & Design petitioners in published non-precedent decisions from 2019–2025 (n=35). The criterion most often at issue was Exceptional ability.

Outcomes by Year

YearDismissedSustainedRemandedTotal
20252 (—)002
202422 (100.0%)0022
20236 (—)006
20221 (—)012
20212 (—)002
20190 (—)011

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Exceptional ability3603992.3%
Prong 1: Substantial merit and national importance2702896.4%
Advanced degree17019—
Prong 2: Well positioned to advance the endeavor16017—
Prong 3: On balance, waiver benefits the U.S.15017—

Example Decisions

Dismissed2024-07-17The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification a Dismissed2024-06-11The appeal was dismissed because the petitioner failed to establish that her proposed endeavor had national importance, Dismissed2024-12-20The appeal was dismissed because the petitioner failed to establish that her proposed endeavor had the requisite 'nation Dismissed2024-08-16The appeal was dismissed because the petitioner failed to establish that her proposed endeavor as a business owner and c Dismissed2024-02-28The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor. Wh
NYSDOT-era decisions (pre-2017)

Outcomes by Year

YearDismissedSustainedRemandedTotal
20121 (—)001
20111 (—)001

Criteria Discussed

CriterionIn DismissedIn SustainedTotal
Exceptional ability505
Motion to reopen/reconsider202
Procedural/filing101

Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2019–2025); the prior NYSDOT framework applied different legal standards. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

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